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Materials on federal crime victims' rights and restitution

updated 2/13/2011

Note: Our office has focused on fraud victims and their rights to restitution, and the links below are generally limited to those issues.   For other crime victims rights issues, see the website of the National Crime Victim Law Institute.


  18 U.S.C. § 3663 - discretionary restitution

  18 U.S.C. § 3663A - Mandatory Victim Restitution Act

  18 U.S.C. § 3664 - restitution procedure

  18 U.S.C. § 3771 - Crime Victims' Rights Act

                        FEDERAL REGULATIONS

   28 C.F.R. 9.1 - Remission, authority and purpose

   28 C.F.R. 9.2 - Definitions

   28 C.F.R. 9.4 - Petitions in judicial forfeiture cases.

   28 C.F.R. 9.5 - Criteria governing administrative and judicial remission and mitigation

   28 C.F.R. 9.7 - Terms and conditions of remission and mitigation

   28 C.F.R. 9.8 - Provisions applicable to victims

   28 C.F.R. 9.9 - Miscellaneous Provisions (including priority of payment from forfeited assets)

                         OTHER AUTHORITIES

Attorney General Guidelines for Victim and Witness Assistance, DOJ May 2005

Congressional Research Service Report, "Restitution in Federal Criminal Cases", August 17, 2007

DOJ Asset Forfeiture Policy Manual (2008)

GAO Report:

Court-Ordered Restitution Amounts Far Exceed Likely Collections for the Crime Victims in Selected Financial  Fraud Cases" (highlights) (January 2005)

GAO Report: "Crime Victims' Rights Act: Increasing Awareness, Modifying the Complaint Process, and Enhancing Compliance Monitoring Will Improve Implementation of the Act" (December 2008)

National Crime Victim Law Institute,"A Review of the American Bar Association's Guidelines for Fair Treatment of Crime Victims and Witnesses"

National Crime Victim Law Institute, "Developing Victims' Rights Law: A Study of Precedent and Dicta," by Kim Montagriff

National Crime Victim Law Institute, "Ensuring Individual Rights Are Not Diminished in the Face of Mass Victimization" by Meg Garvin, J.D.

National Crime Victim Law Institute, "The Changing Landscape of Federal Criminal Practice", by Meg Garvin, J.D.

National Crime Victim Law Institute, "The New Federal Landscape: Snapshots of Change" by Meg Garvin, J.D.

National Crime Victim Law Institute, "The Grassroots Beginnings of the Victims' Rights Movement," by Joanna Tucker Davis

National Crime Victim Law Institute, "The Victim Impact Statement at Sentencing: A Successful Journey" by Richard Pompelio, Esq.

U.S. Attorney's Manual Chapter 3-12.000 "Collection of Criminal Monetary Impositions"  (2010)

U.S. Dept. of Justice, "Crime Victim's Compensation"

U.S. Dept. of Justice, "Ordering Restitution To the Crime Victim" (November 2002)

U.S. Dept. of Justice, "Restitution: Making It Work" (November 2002)\

U.S. Dept. of Justice, "Victim Input Into Plea Agreements" (November 2002)